AJITH Vs. STATE OF KERALA

JUDGEMENT

(1.) THIS Criminal Miscellaneous Case is filed by the petitioner who is the accused in Crime No.479/2014 of Chirayinkeezhu Police Station to issue direction to the Magistrate under Section 482 of the Code of Criminal Procedure (hereinafter referred to as 'the Code').

(2.) THE case of the petitioner in the petition is that the petitioner is the accused in Crime No.479/2014 of Chirayinkeezhu Police Station alleging offence punishable under Section 420 of Indian Penal Code and Sections 13, 17 and 18A of Kerala Money Lenders Act 1958. The allegation in the petition is that on 31.05.2014 while de facto complainant along with the police officials had conducted raid in the rented house of the petitioner and during the raid, the raiding officer found that the petitioner had lending money to people on the basis of promissory notes and it was also found that the petitioner is lending money without obtaining licence. It is also submitted that the petitioner had filed B.A No.5272/14 for anticipatory before this honourable court which was dismissed by this honourable court. Though the petitioner is ready and willing to surrender before the court below, he apprehends that, he is likely to be remanded and his bail application will not be considered on the date of filing of the application itself. So, the petitioner has no other remedy except to approach this Court seeking the following relief:

(3.) LEARNED counsel for the petitioner submitted that his only apprehension is that if the petitioner surrenders before the court below, his bail application will not be considered on the same day and he will be remanded to custody.